Compensatory Damages in Los Angeles Personal Injury Cases

When you are injured because of someone’s negligence, you can seek compensation for economic and non-economic damages. Economic losses are the costs incurred for medical treatment and lost wages. Non-economic awards are for pain and suffering as a result of injuries. California does not cap compensation for non-economic damages in most cases. Our experienced lawyers help clients understand the compensatory damages in Los Angeles personal injury cases.

What Are Economic Damages?

Economic losses are based on actual expenses, so accident victims should keep all bills and receipts. The information simplifies calculating compensatory damages for a personal injury claim in Los Angeles. Compensation may include the following:

Medical Expenses

Ambulance and emergency services, hospital stays, and doctor visits qualify as medical expenses. Diagnostic tests, physical therapy, and medications may be included. In-home care or transportation services may also be part of the damages if needed because of injuries.

Property Damage

Depending on the accident, economic damages may include property such as vehicles, boats, or bicycles.  As with medical expenses, keep all invoices and receipts to support property damage claims.

Lost Wages

If accident victims cannot work while recovering, they may receive compensation for lost wages. This includes wages, commissions, bonuses, or financial benefits the injured party would have received if working.

Future Earnings and Expenses

Future earnings are based on the wage-earning potential of the injured person. For those with permanent impairments, compensation may include lost wages, bonuses, and commissions. Social security benefits and retirement losses may be used to calculate financial compensation. Ongoing medical expenses may also be part of a personal injury settlement.

Non-Economic Damages in a Personal Injury Claim

Non-economic damages refer to unquantifiable losses as a result of injuries. The compensation is based on the following:

• Emotional distress
• Pain and suffering
• Loss of enjoyment
• Physical scarring
• Permanent impairment

Although financial damages cannot compensate for life-altering injuries, they can ease the mental, emotional, and physical burdens so that an individual can focus on recovery. Working with one of our personal injury attorneys in Los Angeles could help protect a person’s rights to compensatory damages.

Will a Case Have Punitive Damages?

Punitive damages are not the same as compensatory damages. While compensatory damages are part of most Los Angeles personal injury lawsuits, punitive damages penalize responsible parties for egregious negligence. Judges and jurors may award punitive damages in addition to economic and non-economic damages for actions such as drunk driving or willful neglect.

Personal Injury Statute of Limitations

Injured parties have two years from the date of the accident to file a personal injury lawsuit unless the lawsuit involves a government entity. In those situations, the statute of limitations is six months. However, accident victims should contact a knowledgeable lawyer promptly to ensure valuable evidence is not lost.

For example, witnesses can relocate, accident scenes can change, and documents may be misplaced. Recreating accidents, locating witnesses, and resurrecting documents takes time and potentially delays settlement. In some instances, crucial information may not be recoverable, impacting final awards.

Evidence in Personal Injury Cases

Although evidence can vary depending on the accident, most cases use the following information:

Official Reports

If law enforcement is involved, an official report should be filed that covers the accident scene, participant names and addresses, and witness contact information. This report can form the basis of a personal injury claim.

Witness Statements

Witnesses provide a third-party perspective of an accident. Their focus may highlight aspects that participants overlook. Even though official reports may contain contact details, injured parties should try to collect the information at the scene.

Medical Records

Regardless of the type of accident, people should seek medical attention even if there are no apparent injuries. Not all symptoms appear immediately, but may be detected by a medical professional to minimize health risks. If ongoing treatment is needed, electronic medical records should contain detailed information about expenses.

Consult a Los Angeles Lawyer About Securing Compensatory Damages in a Personal Injury Claim

Receiving the best possible compensatory damages in Los Angeles personal injury cases requires the legal services of an experienced professional such as Levin & Nalbandyan. Call today to learn more about your legal options for compensation.